Legal Question in Civil Litigation in California
Breach of Contract with Photographer
Our wedding photographer was working on our album and had made a first cut. We met with him and he agreed to redo some pictures and make reprints of others. Months went by and we didn't hear from him. Evenutally, I called him at home and he refused to finish our order and wrote a letter swearing at me and saying the deal is over. We think he lost our negatives. He never finished the album and will never make reprints or enlargements for us. Can we sue for anything more than breach of contract? We paid him about $1400 but never being able to make reprints of our wedding pictures is priceless to us. Any way to sue for more than $1400 to encourage him to find the negatives?
2 Answers from Attorneys
Re: Breach of Contract with Photographer
Probably not but you dont need the negatives to make copies. Any photo shop can make good copies from the prints.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Breach of Contract with Photographer
You first need to look at the language of the contract, which may contain a limitation of warranty. Such a limitation might say that you cannot recover more than your payments. Even if there is such a clause, it may still be possible to overcome it in court.
You can sue for breach of contract and for intentional infliction of emotional distress, although it can be hard to get such damages in a contract case. It may also be possible to sue for fraud, depending on the facts. Make sure you keep that letter he wrote you!
Incidentally, while Mr. Koury is probably right that a photo shop can make good prints for you, you may face a complaint from your photographer that you have violated his copyright. Check the language in your contract carefully to make sure you know what you can or can't do. This is unlikely to happen, but it might. Under the circumstances the photographer would probably lose such a suit, but defending yourself would be costly.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
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